Grow v. Hunter

The motion to dismiss the writ of error must be sustained, because there was no service of the writ of error upon the defendant in error. Not only does it not affirmatively appear that service of the bill of exceptions was made or waived after the certificate of the presiding judge was attached, but on the contrary it appears that service of this bill of exceptions was acknowl*818edged and copy was waived on December 31, 1908, four days before the writ of error was certified by the presiding judge. The rule as to service of bills of exceptions is in the Civil Code, §5547; and it naturally…